자동차관리법 제58조의 6의 해제사유: 매도인의 담보책임과의 체계적 해석 및 입법개선방안

In the sales of pre-owned cars, it is necessary for the seller to provide warranty in case of deficiency in the object or right of the sold pre-owned car, since it is more difficult to guarantee the quality of pre-owned car in comparison to that of newly-manufactured car. In the civil act, seller is liable for warranty in case of deficiency in the object or right of the sold. If both parties of the sales contract are merchants, commercial act is applied according to the principle of special law priority. Additionally, Motor Vehicle Management Act 58-6 enables the buyer to revocate purchase and sales contract of pre-owned cars mediated by a motor vehicle dealer in case of malfunction of the sales object or failure to inform existence of provisional seizure or mortgage over the object. The civil act regulates seller’s liability for warranty while the commercial act has special provisions. While the Civil act and the commercial act requires negligence of the seller in order to recognize the seller’s liability for warranty, the Motor Vehicle Management Act includes the motor vehicle dealer’s negligence as requirement for the seller’s warranty. It is necessary to review whether the buyer should be granted the right to revocate in case of a motor car dealer’s negligence, not the seller’s, apart from torts caused by the motor car dealer’s intention or negligence, and to whom the legal effects of the revocation belongs. The effect of the revocation of sales contract becomes null and void retroactively, requiring Restitutio in Integrum, and the principle of Exceptio non Adimpleti Contractus is mutually applied in this case, according to the Supreme Court. Also, there is a question of whether it is justifiable to legislate revocation of the sales contract in the Motor Vehicle Management Act despite the seller’s liability for warranty provision and Declaration of Intention by Fraud or Duress provisions under Article 110-(1) of the civil act. Therefore, as Motor Vehicle Management Act 58-6 regulates administrative involvement and causes discrepancy of legal effects toward the interested parties, it ought to be revised in the harmony of the system of the civil act and commercial act.